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MikeB23 (Louisiana)
Posts: 109
Posted:
Property insurance for all structures in Louisiana has sky rocketed. Our carrier completely moved out of the Sate and we have struggled over the last three years to find anyone to insure our building which dates from around 1860.

We found a new carrier earlier this year and they sent an "inspector" a few weeks ago to look at the building.

He didn't find much to complain about but two of the things seem completely crazy to me. The first is they want carbon monoxide detectors in every bedroom in the complex. My problem is, we don't have any natural gas, all appliances are electric even the restaurants on the first floor have all electric appliances. Where is this hazardous carbon monoxide coming from?

The second mandatory requirement is for every owner to have a new fire extinguisher and replace it yearly. Our building is completely covered by sprinklers in all units and the balconies. How in the world is the Board supposed force each owner to buy a new fire extinguisher every year. Some of the units are occupied full time and some of the units are just weekend retreats.

Any suggestions or insights?
SheliaH (Indiana)
Posts: 6,964
Posted:
I did a little googling on the subject- although electric appliances don't produce carbon monoxide, its not a bad idea to have them because CO2 could seep into an attached garage or if a backup generator runs too close to the living area. That may not apply to your building, but having them could knock dome money off your homeowners insurance, so why not?

As for the fire extinguisher, the traditional ones usually have a life expectancy of 10-12 years, while the disposable ones should be replaced every 10 years. You can also get a break in homeowners insurance- I've read that single family homes should have one on every floor. You also need to ensure the extinguisher can put out electric fires. If you have a rechargeable extinguisher, recharge it every 6 years.

So, replacing it every year might be a bit much, but in light of the Surfside disaster, high rise condos everywhere are having issues getting insurance. You may have an extinguisher that's up to date, but can you trust your neighbor, especially if he or she only uses the place for vacation?

You could talk to your local fire marshal to get his or her observations and maybe they have information you can use to get the company to ease of on annual replacement, but you've also seen how hard it was for you to get insurance, so you may have to bite the bullet and do as they ask.

Maybe there's a place where you can get extinguishers for everyone at a reduced price and make that part of reserves,so everyone pays and establish a feplacement fee when tbe unit is sold or transferred so you know the extinguisher is up to date. The carbon monoxide detectors would remain homeowners responsibility and you can remind everyone if their misuse or abuse results in a fire, they will be responsible fir all damages.

That should ensure some cooperation- or you can keep looking for insurance and accept that the price will be higher and that will be reflected in assessments

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I have carbon monoxide and fire alarms in my house even though just electric is used. You never know what may cause Carbon Monoxide in one's home. What if they use a Kerosene heater? Did you know starting your car with the garage door closed will produce enough of it to possible kill? So if someone has a car running in a garage without the door open, how would you know the gas is coming in?

Maybe can ask if the fire extinquishers should be checked yearly in the common area. Individual homes are responsible for their own. Fire extinquishers do expire. Our office has to have them inspected every year. After about 5 years think they are "retired". Ask if it has to be individual or HOA common property? Like hallways. The HOA may then have to buy and have them inspected by the fire marshall.

Raising the deductible may help with expenses. We had to make 10 months of payments for our insurance to afford the monthly premium. The insurance wanted us to pay full amount once every 6 months. May be able to negotiate that but don't forget to cover what you need adequately. It could cost more in the end.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
I second others' comments, especially about the carbon monoxide detectors. You can get dual fire/carbon monoxide detectors that last for a number of years. Devices like this can result in lower premiums, and every bit helps. Ditto the fire extinguishers.

The inspector was helping you reduce your costs and your liability, both of which are good things. But you should shop around for insurance, even if you're totally comfortable with what you're hearing from one person.

Spiking insurance premiums are a thing for community associations now. In a recent discussion on this website, a poster speculated on whether we're moving toward high-deductible insurance policies in this area as well - which boils down to doing without insurance for routine losses and only being covered for the catastrophic stuff. Things like this could push shaky communities over the edge financially.
MikeB23 (Louisiana)
Posts: 109
Posted:
Not individual "homes" this is an old building in an Historic District. Each condo has at least two doors, one to the outside balcony and one to the inside balcony. The insurance in question is not "homeowners" insurance but property insurance for the building.

No garages and no generators.

I'm not required to have a fire extinguisher in my private home which is also in a community with and HOA, and having a fire extinguisher is not required. Plus, you, must remember that the building is completely covered with a sprinkler system. Each unit has sprinklers and the baloneys have sprinklers. The sprinkler system is universal, the same system supplies water to all units and if the pressure shows a sprinkler is activates the fire department (right across the street) is automatically notified.

Each owner is responsible for his own "home owners insurance."

Personally I do have a fires extinguisher in the kitchen but how does the Board require everyone to have a fire extinguisher in their own unit? It isn't in the bylaws, it isn't in the declarations, and we on the Board doubt our authority to dictate what goes on inside someone's personal property unless it is a nuisance to others in the complex.
MikeB23 (Louisiana)
Posts: 109
Posted:
Not individual "homes" this is an old building in an Historic District. Each condo has at least two doors, one to the outside balcony and one to the inside balcony. The insurance in question is not "homeowners" insurance but property insurance for the building.

No garages and no generators.

I'm not required to have a fire extinguisher in my private home which is also in a community with and HOA, and having a fire extinguisher is not required. Plus, you, must remember that the building is completely covered with a sprinkler system. Each unit has sprinklers and the baloneys have sprinklers. The sprinkler system is universal, the same system supplies water to all units and if the pressure shows a sprinkler is activates the fire department (right across the street) is automatically notified.

Each owner is responsible for his own "home owners insurance."

Personally I do have a fires extinguisher in the kitchen but how does the Board require everyone to have a fire extinguisher in their own unit? It isn't in the bylaws, it isn't in the declarations, and we on the Board doubt our authority to dictate what goes on inside someone's personal property unless it is a nuisance to others in the complex.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By MikeB23 on 05/24/2023 5:45 PM
Property insurance for all structures in Louisiana has sky rocketed. Our carrier completely moved out of the Sate and we have struggled over the last three years to find anyone to insure our building which dates from around 1860. [snippage] How in the world is the Board supposed force each owner to buy a new fire extinguisher every year. Some of the units are occupied full time and some of the units are just weekend retreats.
You tell owners the above. You tell them the condominium is required to have insurance. You tell them that the board has the right to make reasonable rules to protect the common areas. You tell them that the board hereby enacts a rule requiring each unit to have a new fire extinguisher, subject to inspection once a year by the maintenance staff or other authority.

Yes it adds labor costs. That's life in a world that is constantly changing.
MikeB23 (Louisiana)
Posts: 109
Posted:
I'm on the Board and we meet in my unit. Even so, the "Board" doesn't have a legal right to enter my private residence. A law enforcement agency can with a warrant, but how do I know on my neighbor's door and say "I'm here to check your fire extinguisher."

A State Fire Marshal could, but outside of that where is the legal authority to enter a premises without permission?
MikeB23 (Louisiana)
Posts: 109
Posted:
Obviously should be "Knock"
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By MikeB23 on 05/28/2023 5:33 PM
I'm on the Board and we meet in my unit. Even so, the "Board" doesn't have a legal right to enter my private residence. A law enforcement agency can with a warrant, but how do I know on my neighbor's door and say "I'm here to check your fire extinguisher."

A State Fire Marshal could, but outside of that where is the legal authority to enter a premises without permission?
Of course you all should not be going into an owner's units without the owner's permission (emergencies excepted). The board will have to set up a schedule and inform owners that the maintenance staff will be making the rounds during such-and-such week; please leave your fire extinguisher on the counter; and thank you for your cooperation.

This is how one of my former condos handled situations like this. Owners at this condo were used to advance notices for entry by maintenance staff at certain times of the year to inspect xyz.

It is the price of modern litigation, modern insurance, and modern living.

If you cannot find another way to insure the condo association, then I do not see any other options.
MikeB23 (Louisiana)
Posts: 109
Posted:
23 units and no maintenance man.

You may be right we have to do it to get insurance, but when we have one owner who hasn't paid dues or accepted any mail from the HOA for the last 10 years, who we have sued twice for non-payment of dues, I seriously doubt he is going to agree to voluntarily do anything.

The only one who has been able to enter his unit has been a representative from the State Fire Marshal's office.
MikeB23 (Louisiana)
Posts: 109
Posted:
23 units and no maintenance man.

You may be right we have to do it to get insurance, but when we have one owner who hasn't paid dues or accepted any mail from the HOA for the last 10 years, who we have sued twice for non-payment of dues, I seriously doubt he is going to agree to voluntarily do anything.

The only one who has been able to enter his unit has been a representative from the State Fire Marshal's office.
ElleN (Idaho)
Posts: 4,420
Posted:
Mike, your work is thankless and difficult. FWIW --

Quote:
Posted By MikeB23 on 05/28/2023 5:59 PM
23 units and no maintenance man.

You may be right we have to do it to get insurance, but when we have one owner who hasn't paid dues or accepted any mail from the HOA for the last 10 years, who we have sued twice for non-payment of dues, I seriously doubt he is going to agree to voluntarily do anything.
I hear you. For what it is worth, here's a couple of factoids on this topic from my former condo association and my other latest thoughts:

-- Notices that the association maintenance staff would be entering units did not expressly seek permission. The notices //just informed// owners that the staff would be entering on such-and-such dates. Legally, would it be up to the owner to respond back, saying, "No, you cannot enter my unit"? In other words, is no response in effect granting permission? I would expect so.

-- My former condo currently has a 25% deficiency rate for people submitting proof that they have the proper insurance on their units. That's around 50 out of around 200 units. The board says that this affects the association's insurance rates/insurability. They are cracking down on owners now (increasing fines; actually sending notices of violation, because they were lax about this before). But I am not sure whether the insurance company watches this all that closely. Have you asked the insurance company what proof it requires to show that each unit has a new fire extinguisher every year?

-- If your board has not done so already, maybe it is time to bring the association's attorney into this, to see how to "effect" this fire extinguisher requirement?

-- What do your governing documents say about entering a unit to perform maintenance affecting another unit or the common area? That's something the attorney will surely check.

-- What do your governing documents say about communicating with owners? I get that the guy is not accepting 'certified mail, return receipt requested.' Mail his 'Notice that the Association will be entering on ___ for ___ ... " to his official address with merely the usual first class stamp. Take a photo of the envelope just prior to mailing.

-- Is this condo subject to the Louisiana Condo statute?
ElleN (Idaho)
Posts: 4,420
Posted:
A few observations from the Louisiana Condo Act (if applicable):

-- The condo is required to have insurance "to the extent reasonably available." See https://legis.la.gov/legis/Law.aspx?p=y&d=106574

-- The association has the legal right to "Exercise any other powers necessary and proper for the governance and operation of the association." See https://legis.la.gov/legis/Law.aspx?d=106564

-- Could the association buy 23 fire extinguishers each year, leave them at the units' front doors, and fulfill the requirement? This Condo Act section might be relevant (and in the board's favor when it comes to meeting the fire extinguisher requirement): https://legis.la.gov/legis/Law.aspx?d=106588
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By MikeB23 on 05/28/2023 5:59 PM
23 units and no maintenance man.

You may be right we have to do it to get insurance, but when we have one owner who hasn't paid dues or accepted any mail from the HOA for the last 10 years, who we have sued twice for non-payment of dues, I seriously doubt he is going to agree to voluntarily do anything.

The only one who has been able to enter his unit has been a representative from the State Fire Marshal's office.

He hasn't paid assessments in the past 10 years and you've had to sue him TWICE?? Why haven't you dropped the hammer and pursued foreclosure ?

As for the rest, you'll have to tell the homeowners the hard facts about what's happening and how the board is addressing i. They may not like it, but it's better than not having ANY insurance and/or losing everything should a disaster occur. This is life as a board member- you and your concave to be the adults in tge room and make decisions that benefit everyone. Sometimes people don't face reality right away (which explains a lot about life in general.) They're welcome to ro their own research and come up with a better idea.

As for the out of town or out of state owners, they'll have to figure out the best way to show compliance of face the consequences.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MikeB23 (Louisiana)
Posts: 109
Posted:
The HOA does not have keys to any units, even giving notice that maintenance would be entering wouldn't matter, the maintenance person that we don't have anyway would have to break in the door.

We have no requirement for individuals to have their own insurance for their units.

We have two attorneys on the Board, both better than the outside attorney we have used in the past.

Our governing documents give no authority to enter anyone's private residence.

The owner owns as an LLC. We serve legal notices to his registered agent for the LLC. (owner won't talk to this individual either)

Yes, the HOA is covered by the Louisiana Condo statutes.
MikeB23 (Louisiana)
Posts: 109
Posted:
I suspect we would get 99% compliance just by asking, but the one problem owner, who we have sued twice, will not comply. His two units are one the first floor and leased to a dress shop and a cupcake bakery.

We received a signed judgement from the Court in the first suit and the second suit is still unsettled because he won't provide proof for $1,000,000.00 liability insurance required by the bylaws. The lawsuit is still open but there really isn't much enthusiasm for trying to get the insurance certificate.

Don't know about other states but foreclosure isn't an administrative option. If we push for a legal foreclosure we will net nothing since we will be behind the IRS, and the Bank and at this point I suspect the liability of the mortgage is greater than the market value of the property, and since his collecting rent is his only visible source of income I doubt that even in a foreclosure we would get rid of him. We know several individuals who have offered him substantial amounts of money to purchase the units but he refuses to sell.

And in today's WOKE culture I doubt any Court in Louisiana is going to remove ones only source of income from a minority.

SheliaH (Indiana)
Posts: 6,964
Posted:
Money screams louder than anything, so if you're not getting anything anyway, you may as well go for foreclosure. In HOA land, foreclosures are less about money and more about getting the deadbeat out so the place can be purchased by someone who will pay.

"Woke" has nothing to do with it. You don't say what this "minority" this owner is, but I know people tend to come down especially hard on people of color - especially in Louisiana, so miss me with this "I doubt any court is going to remove one's only source of income from a minority." We were talking about master insurance for your building anyway, so stay on topic. Apparently this person knows how to work the system a helluva lot better than your attorney. Stop whining and get another one if you need to.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 4,420
Posted:
I am not seeing a judge rule in favor of anyone because he / she is a minority. Quite the opposite.

This forum has seen many reports of deadbeats gaming the system to avoid a successful foreclosure. I think there either must be more to this, or Louisiana law is strange.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By MikeB23 on 05/28/2023 5:59 PM
23 units and no maintenance man.

You may be right we have to do it to get insurance, but when we have one owner who hasn't paid dues or accepted any mail from the HOA for the last 10 years, who we have sued twice for non-payment of dues, I seriously doubt he is going to agree to voluntarily do anything.

The only one who has been able to enter his unit has been a representative from the State Fire Marshal's office.

interesting why did you have to sue twice??? why didn't you foreclose the first time?

vis ta vie
JohnC46 (South Carolina)
Posts: 14,265
Posted:
A foreclosure that costs the association legal cost and nets nothing is not always a good move.
MikeB23 (Louisiana)
Posts: 109
Posted:
Because he signed an admission before trial admitting he owed the money, and then the mortgage holder paid the balance due less Court Costs.
MikeB23 (Louisiana)
Posts: 109
Posted:
Exactly
MikeB23 (Louisiana)
Posts: 109
Posted:
You are correct. Minority or not minority has nothing to do with it, unless you are at heart are a racist.

All our HOA wants is compliance.
ElleN (Idaho)
Posts: 4,420
Posted:
From the New York Times tonight, regarding insurance in Louisiana:

In Louisiana, the rising cost of insurance has become, for some communities, a threat to their existence.

Like Florida after Andrew, Louisiana’s insurance market started to buckle after insurers began leaving following Hurricane Katrina in 2005. Then, starting with Hurricane Laura in 2020, a series of storms pummeled the state. Nine insurance companies failed; people began rushing into the state’s own version of Florida’s Citizens plan.

The state’s insurance market “is in crisis,” Louisiana’s insurance commissioner, James J. Donelon, said in an interview.

In December, Louisiana had to increase premiums for coverage provided by its Citizens plan by 63 percent, to an average of $4,700 a year. In March, it borrowed $500 million from the bond market to pay the claims of homeowners who had been abandoned when their private insurers failed, Mr. Donelon said. The state recently agreed to new subsidies for private insurers, essentially paying them to do business in the state.

Mr. Donelon said he hoped that the subsidies would stabilize the market. But Jesse Keenan, a professor at Tulane University in New Orleans and an expert in climate adaptation and finance, said the state’s insurance market would be hard to turn around. The high cost of insurance has begun to affect home prices, he said.

In the past, it would have been possible for some communities — those where homes are passed down from generation to generation, with no mortgages required and no banks demanding insurance — to go without insurance altogether. But as climate change makes storms more intense, that’s no longer an option.

“There’s just not enough wealth in those low-income communities to continue to rebuild, storm after storm,” Dr. Keenan said.


More at https://www.nytimes.com/2023/05/31/climate/climate-change-insurance-wildfires-california.html
LoriM15 (Florida)
Posts: 1,009
Posted:
We just got our insurance renewal for the master association. Our commerical property premium went up 92.6% over last year. The other coverages went up, but not that dramatically. Luckily, we have enough money in our operating account to pay the premium. We had budgeted an increase of 40%, so it's an extra expense but our treasurer keeps about two months of operating costs as a cushion in the account. Our insurance broker says he expects the market to level out because of some new legislation, but who knows.

We are just happy to have insurance and not have been thrown into the citizen's pool. This is a new property carrier since our broker shopped around and found us the best price. The old carrier is still stonewalling our hurricane damage claim for $500k and we had to hire an insurance attorney.

To put it in perspective, we have four buildings (two clubhouses, two very small guard houses) appraised at $2.6 million, plus amenities, landscaping and lake fountains and roads. Our commerical property cost is $62,000 for the year with a $5,000 deductible for the buildings. Total insurance costs are $89,000.

Interesting discussion on the local NextDoor regarding insurance. Many people who own their homes with no mortgage are simply giving up on insurance and "self insuring", which means that they will most likely not be able to rebuild if there's another major hurricane. It used to be only the really wealthy self insured. Part of the problem is that if you are in the citizen's insurance pool they are requiring homeowners to also have flood insurance, which can add over a $1000 a year. People are just giving up.
MikeB23 (Louisiana)
Posts: 109
Posted:
Quote:
Posted By LoriM15 on 06/01/2023 9:37 AM
We just got our insurance renewal for the master association. Our commerical property premium went up 92.6% over last year. The other coverages went up, but not that dramatically. Luckily, we have enough money in our operating account to pay the premium. We had budgeted an increase of 40%, so it's an extra expense but our treasurer keeps about two months of operating costs as a cushion in the account. Our insurance broker says he expects the market to level out because of some new legislation, but who knows.

We are just happy to have insurance and not have been thrown into the citizen's pool. This is a new property carrier since our broker shopped around and found us the best price. The old carrier is still stonewalling our hurricane damage claim for $500k and we had to hire an insurance attorney.

To put it in perspective, we have four buildings (two clubhouses, two very small guard houses) appraised at $2.6 million, plus amenities, landscaping and lake fountains and roads. Our commerical property cost is $62,000 for the year with a $5,000 deductible for the buildings. Total insurance costs are $89,000.

Interesting discussion on the local NextDoor regarding insurance. Many people who own their homes with no mortgage are simply giving up on insurance and "self insuring", which means that they will most likely not be able to rebuild if there's another major hurricane. It used to be only the really wealthy self insured. Part of the problem is that if you are in the citizen's insurance pool they are requiring homeowners to also have flood insurance, which can add over a $1000 a year. People are just giving up.

Yep, ours went from around 45,000/yr to close to $90,000 a hear.

However, I previous carrier did pay the $65,00 claim we had on our roof. They originally offered $5,000. We found a commercial roofer who previously was an insurance adjuster. He had the software and the knowledge to challenge the insurance company. The carrier eventually sent an engineering team and they determined there was actually more damager than we had originally claimed.

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